Man Accused Of Offering Namaz At Mathura Temple Granted Pre-Arrest Bail By Allahabad High Court

The Bench of Justice Siddharth gave this order while hearing the bail application of Mohd. Chand praying that he be granted pre-arrest bail in Case Crime No. 390 of 2020, under Sections 153- A, 295, 505, 419, 420, 467, 468, 471 IPC, Police Station Barsana, District- Mathura during pendency of trial.

Background

As per the allegation against the applicant, he along with co-accused, Faisal Khan, offered Namaz inside the temple [The incident is of Thursday (29^th October)] without consent of priest and its photographs were made viral.

The news was shown on the television. Thereafter, a first information report was lodged on the allegation that this act of the applicant and co-accused showed disrespect for the religious feeling of other community and there was possibility of deterioration in the communal harmony.

Arguments put forth

The counsel for the applicant submitted before the Court that the co-accused, Faisal Khan, is a renowned social activist who has revived Khudai Khidmatgar movement of India and is working for maintaining communal harmony for the last 25 years and the Applicant is his companion.

It was further stated that in this connection, he undertook yatra for visiting temples where he was offered prasad and lunch by Chief Priest of the temple and he also bestowed blessings on him as clear from photographs in dispute.

He further submitted that applicant had been falsely implicated in this case and only on the basis of photographs which went viral, the applicant couldn't be said to have intention to disturb the communal harmony of the society.

It was also contended that he did not enter into the sanctum sanctorum of the temple, rather he performed Namaz outside of the temple with the permission of the priest of the temple as clear from the viral photographs.

Lastly it was informed to the Court that the Co-accused, Faisal Khan, was arrested and enlarged on bail by this Court. The applicant also expressed his apprehension that he may be arrested by the police any time.

Court's observations

While noting that there is a case registered/about to be registered against the applicant and it couldn't be definitely said when the police may apprehend him, the Court said,

"The courts have repeatedly held that arrest should be the last option for the police and it should be restricted to those exceptional cases where arresting the accused is imperative or his custodial interrogation is required. Irrational and indiscriminate arrests are gross violation of human rights."

Further, without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant, he was directed to be enlarged on anticipatory bail.

Lastly, the Court said that in the event of arrest, the applicant shall be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned.

It may be noted that Peace Activist Faisal Khan, who was arrested  for offering Namaz inside the premises of the Nand Baba temple in Mathura (Uttar Pradesh) has already been granted bail by the Allahabad High Court on Friday (18^th December).

Case Title - Mohd. Chand @ Chand Mohammad Opposite Party :- State of U.P. and Another [Criminal Misc. Anticipatory Bail application No. - 36 of 2021]

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